Price v. B.C. Motor Transportation Ltd. and Ledbury

Price v. B.C. Motor Transportation Ltd. and Ledbury

Majority: The evidence did not prove negligence by the bus driver; the deceased was himself guilty of negligence contributing to the accident; therefore plaintiff's appeal fails and recovery cannot be sustained on the facts. The court assumed, without deciding, that an action under the Families' Compensation Act could be maintained despite contributory negligence for the purpose of the judgment but dismissed the appeal because defendant negligence was not established.

Citation
[1932] SCR 310
Parties
Appellant Plaintiff (widow): Marjorie Price; Appellants Plaintiffs (infants): Olive Price, Irene Price, Bertram Price, Frederick Price, Kenneth Price and Annie Marjorie Freda Price (infants) represented by Marjorie Price as next friend; Respondent Defendant (employer): B.C. Motor Transportation Limited; Respondent Defendant (driver): William Ledbury
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 February 1932
Procedural Posture
Tort Wrongful Death (action Under Families' Compensation Act / Lord Campbell's Act) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia After Reversal of Trial Judgment
Outcome
Appeal dismissed with costs; judgment of the Court of Appeal for British Columbia affirmed by majority (two judges dissenting).
Legal Topics
Wrongful Death, Contributory Negligence, Apportionment of Liability, Evidence and Witness Credibility, Application of Lord Campbell's Act
Source Language
English
Torts Negligence Statutory Interpretation Motor Vehicle Law Wrongful Death Contributory Negligence Apportionment of Liability Evidence and Witness Credibility +1 more

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Parties

Marjorie Price

Appellant Plaintiff (widow)

Olive Price, Irene Price, Bertram Price, Frederick Price, Kenneth Price and Annie Marjorie Freda Price (infants) represented by Marjorie Price as next friend

Appellants Plaintiffs (infants)

B.C. Motor Transportation Limited

Respondent Defendant (employer)

William Ledbury

Respondent Defendant (driver)

Procedural Posture

Tort Wrongful Death (action Under Families' Compensation Act / Lord Campbell's Act) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia After Reversal of Trial Judgment

Legal Issues

  1. 1 Was there evidence of negligence by the bus driver causing the deceased's death?
  2. 2 Did deceased's contributory negligence bar or reduce recovery under the Families' Compensation Act in light of the Contributory Negligence Act, B.C., 1925?
  3. 3 If both parties were at fault, should liability be apportioned and in what proportion?

Ratio Decidendi

Majority: The evidence did not prove negligence by the bus driver; the deceased was himself guilty of negligence contributing to the accident; therefore plaintiff's appeal fails and recovery cannot be sustained on the facts. The court assumed, without deciding, that an action under the Families' Compensation Act could be maintained despite contributory negligence for the purpose of the judgment but dismissed the appeal because defendant negligence was not established.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for British Columbia affirmed by majority (two judges dissenting).

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of Appeal for British Columbia affirmed.